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ARK. BLUE CROSS v. FREEWAY SURGERY CTR.

No. CV-22-515.

702 S.W.3d 376 (2024)

2024 Ark. App. 540

ARKANSAS BLUE CROSS AND BLUE SHIELD, Appellant v. FREEWAY SURGERY CENTER; Scott Schlesinger, M.D.; Fair Park Surgery Center; Centerview Surgery Center; South Arkansas Surgery Center; Advanced Ambulatory Surgery Center; Executive Park Surgery Center of Fort Smith; Gastroenterology and Surgery Center of Arkansas; Mountain Home Surgery Center; Harrison Surgery Center; Bozman-Hof Eye Center; Physicians Day a/k/a McFarland Eye Center; Spring Creek Surgery Center; Taylor Plastic Surgery; Surgery Center of Northeast Texas; Advanced Interventional Pain Management; Precision Surgical of Northwest Arkansas; Executive Surgery Center of Little Rock; Central Arkansas Surgery Center a/k/a Arkansas Spine and Pain; Arkansas Center for Surgical Excellence, Appellees and Alan McClain, Arkansas Insurance Commissioner, Interested Party.

Court of Appeals of Arkansas, DIVISION II.

Opinion Delivered November 6, 2024.

Attorney(s) appearing for the Case

Quattlebaum, Grooms & Tull PLLC, Little Rock, by: Steven W. Quattlebaum, and Joseph R. Falasco, for appellant.

Butler Snow LLP, by: Daniel W. Van Horn, for appellees.

This appeal arises from the December 20, 2021 memorandum order issued by the Pulaski County Circuit Court reversing and remanding the April 8, 2021 declaratory order No. 2020-069A issued by the Arkansas Insurance Commissioner ("Commissioner") regarding the meaning of a statute enacted in 1977—specifically, Arkansas...

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